Logan County Commissioners consider resolution prohibiting marijuana on county property

Disagree on whether possession should be prohibited

STERLING — The Logan County Commissioners are considering more action regarding marijuana. During a work session on Tuesday, they discussed a resolution that would prohibit the possession, consumption, use or display of marijuana on county-owned property.

Last month they passed an ordinance on first reading, prohibiting the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores within the unincorporated boundaries of Logan County. There has been no second reading yet.

Commissioner Dave Donaldson said state statute allows counties to approve resolutions prohibiting activities and conduct at county-owned property, “which maybe we would expect it to interfere with the use and enjoyment of the property by others.”

County Attorney Alan Samber noted Amendment 64 “effectively gives businesses and county governments and anyone that owns property the authority to prohibit use, possession, display or consumption on that property.”

“Just because it's legal to be used on your personal premises, that doesn't mean you can use it on someone else's premises,” he said.

He also pointed out that unlike the ordinance, a resolution doesn't require publication in a newspaper and there only needs to be one reading.

Like the ordinance prohibiting stores, the commissioners say this new resolution is necessary to preserve the public's health, safety and welfare.

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“My personal concern on this is the possession portion,” Donaldson said. “I have no problem with prohibiting the consumption, use or display of marijuana on county owned property.”

“It's the possession part that I think that we maybe making it too restrictive,”

His issue with prohibiting possession is there may be people simply crossing county property who have concealed marijuana on them. Plus, there is the problem of what to do if someone is arrested and taken to the county jail, and they have marijuana on them.

“It's yet to be determined how do we transfer that personal property back to someone that we release?” Donaldson said.

Commissioner Gene Meisner was in favor of the whole resolution, including prohibiting possession.

“I tell you my feeling, (marijuana) should be outlawed completely,” he said. “We don't need that stuff in our county.”

“But it is a part of the constitution, proposed across the state, so it is legal to posess a few ounces, grow six plants,” Donaldson responded.

Commissioner Rocky Samber was also in favor of the whole resolution.

“To me that just makes sense, that when you go do your business in the county, you don't have that stuff with you,” Rocky said.

Donaldson compared possessing marijuana to having a flask with alcohol in a coat pocket, “you don't drink it, you don't consume it, you don't display it, is there any harm?” he asked.

Alan Samber questioned whether allowing possession on the county's premises would “make it easier” for people to transfer marijuana from one person to another on county property.

Rocky Samber questioned whether transferring marijuana would be considered possession or display.

“Transferring it, you would not have an expectation of privacy, so it would be a display in my mind,” Donaldson chimed in.

He asked Alan Samber if other counties have passed resolutions like this one. Samber said El Paso and Douglas counties have.

Rocky Samber said he is in favor of being “more strict,” not less.

“The voters in Logan County said no to all of this and we have an obligation to uphold what the voters told us about this.”

“I'm not opposed, it's just, are we writing a resolution that we cannot enforce?” Donaldson asked.

After the commissioners' conversation, the public had a chance to comment.

Dave Durfee, a medical marijuana caregiver in Logan County, asked if the county has an ordinance prohibiting alcohol on county property. Alan Samber said there is no county ordinance, but the city of Sterling has an ordinance prohibiting alcohol on the streets.

Durfee suggested the marijuana rules should mirror alcohol rules.

Alan Samber said the county has no similar resolution for alcohol, but there's no state constitutional amendment that allows the county to prohibit it either.

“I think that's two different subjects,” Rocky Samber said.

Durfee went on to ask how having marijuana on county property would keep others from “enjoying” the property.

Alan Samber said second-hand smoke could affect people from enjoying the county property.

“Is there a perceived threat of community safety, like a marijuana issue?” Dunfree asked. “Is this (resolution) a reaction to something? What's the purpose of this rule?”

“The purpose of the rule is to adhere to the will of the voters,” Rocky Samber said. “To adhere to the public wellbeing, for health and safety.”

The discussion ended with the commissioners agreeing to put the whole resolution, including the part prohibiting possession, on the agenda for their next business meeting, 9 a.m. Tuesday, May 14, at the Logan County Courthouse.

In other business, the commissioners spent about an hour in an executive session, with Fair Board President Jim Santomaso and Chance Wright from the Building and Grounds Department, to discuss negotiations regarding the beer pavilion at the fairgrounds.

No action was taken when they returned to open session.

The commissioners also met with Sunset Memorial Gardens Committee member Larry Propp. He said the committee is working on proposals regarding what to do with Sunset Memorial Gardens and asked that they be able to get on an agenda for a future commissioner meeting on short notice, to present a plan.

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